Revisionist Is Minor D Thru. His Natural… — Murder and Culpable Homicide | Allahabad HC (2025)

Revisionist Is Minor D Thru. His Natural… — Murder and Culpable Homicide | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Criminal revision allowed; orders of the Juvenile Justice Board dated 15.05.2025 and the Child Court dated 26.05.2025 set aside; the delinquent (minor revisionist) directed to be released on bail on a personal bond executed by his father with two sureties each in the like amount to the satisfaction of the Juvenile Justice Board concerned, subject to undertakings (no contact with known criminals or exposure to danger; pursuit of studies) and monthly reporting to the Probation Officer.

Issue for consideration

Whether the criminal revision preferred by the minor revisionist through his father should be allowed and the order dated 26.5.2025 of the Child Court, Bahraich (along with the related Juvenile Justice Board order dated 15.5.2025) interfered with so as to release him on bail, having regard to his age, alleged role, injuries said to be simple, and parity with co-accused already granted bail.

Court's answer

Considering the facts and circumstances, the submissions of counsel and the A.G.A., the record, the role of the present revisionist, his age, the fact that other co-accused persons have already been granted bail by a co-ordinate Bench of this Court, and the fact that the main role of stabbing was assigned to Banney, the case of the present revisionist is made out.

Ratio / Principle

The criminal revision is allowed; the order of the Juvenile Justice Board dated 15.05.2025 and the order of the learned Child Court dated 26.05.2025 are set aside.

Key takeaways

The delinquent is to be released on bail on execution of a personal bond by the revisionist (father of the delinquent) with two sureties each in the like amount to the satisfaction of the concerned Juvenile Justice Board, subject to conditions including undertakings that the juvenile will not contact known criminals or be exposed to moral, physical or psychological danger, will pursue his studies, and will report to the Probation Officer on the first Monday of every calendar month, with the Probation Officer keeping strict vigil and submitting social investigation reports.ratio¶13

Detailed headnote1 paragraphs

Criminal Revision No. 646 of 2025 (Neutral Citation 2025:AHC-LKO:36124), decided on 23.6.2025 by Hon'ble Subhash Chandra Sharma, J., High Court of Judicature at Allahabad, Lucknow Bench - ALLOWED. The minor revisionist, arraigned in Case Crime No.58 of 2025, P.S. Huzurpur, District Bahraich, under Sections 191(2), 191(3), 103(1), 109, 110, 3(5) and 351(3) of the BNS Act, had been dealt with by the Juvenile Justice Board, Bahraich in Bail Application No. 28/12A/2025 (order dated 15.5.2025) and by the Child Court, Bahraich in Crl Appeal No.38 of 2025 (order dated 26.5.2025). Counsel submitted that the revisionist was neither assigned a role of assaulting nor stabbing the deceased Israil, that injuries caused to Taufiq, Sonu and Mainuddin were simple, that he was in jail since 5.5.2025, and that co-accused Abrar and Asraf had already been granted bail by a co-ordinate Bench in Crl. Misc. Bail Applications Nos. 4066 and 4024 of 2025 on similar footing. Considering the revisionist's role and age, the bail granted to the co-accused, and that the main role of stabbing was assigned to Banney, the Court held the case made out, set aside both orders, and directed release on bail on a personal bond by the father with two sureties each in the like amount, subject to undertakings regarding no contact with known criminals and continuation of studies, and monthly reporting before the Probation Officer.

Neutral Citation No. - 2025:AHC-LKO:36124

Court No. - 11

Case :- CRIMINAL REVISION No. - 646 of 2025

Revisionist :- Revisionist Is Minor D Thru. His Natural Guardian /Father P.S. Huzurpur Bahraich Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. And Another Counsel for Revisionist :- Ajey Singh Counsel for Opposite Party :- G.A.

Hon'ble Subhash Chandra Sharma,J.

Heard learned counsel for the revisionist as well as learned A.G.A. for the State and perused the material on record.

The present criminal revision has been preferred by the revisionist through his father with a prayer to allow this revision and set aside the order dated 26.5.2025 passed by learned Child Court, Bahraich in Crl Appeal No.38 of 2025 (Akeel Ahmad (minor) Vs. State of U.P. and Another) and affirm the order dated 15.5.2025 passed by learned Juvenile Justice Board, Bahraich in Bail Application No. 28/12A/2025 arising out of Case Crime No.58 of 2025, under Sections 191(2), 191 (3), 103 (1), 109, 110, 3 (5), 351 (3) of BNS Act, Police Station Huzurpur, District Bahraich.

It is submitted by the learned counsel for the revisionist that in this case he is minor and has not been assigned the role of either to assault or to stabbed the deceased Israil but he is said to have made assault on Taufiq, Sonu and Mainuddin. He further submits that the injury caused to them are simple in nature. It is further submitted that co-accused Abrar and Asraf have already been granted bail by co-ordinate Bench of this Court in Crl. Misc. Bail Application No. 4066 of 2025 and Crl. Misc. Bail Application No. 4024 of 2025 and the case of the present revisionist is on similar footing with the aforesaid co-accused and he is also minor and is in jail since 5.5.2025. All these facts were not taken into consideration by the learned J.J. Board and the court of learned Session, therefore request to set aside the impugned orders and allow the revision.

Learned A.G.A. opposed the prayer as aforesaid.

On considering the facts and circumstances, submissions made by learned counsel for the revisionist as well as learned A.G.A. and perusal of record, the role of the present revisionist, his age

and the fact that the other co-accused persons have already been granted bail by co-ordinate Bench of this Court and also the fact that the main role of stabbing assigned to Banney, the case of present revisionist is made out, therefore, this criminal revision is allowed and the order passed by learned J.J. Board and the court of learned Sessions are hereby set aside.

Accordingly, the orders passed by Juvenile Justice Board dated 15.05.2025 and the learned child court dated 26.05.2025 are, hereby, set aside and present criminal revision is hereby, allowed .

It is directed that delinquent be released on bail on executing person bond by the revisionist (father of the delinquent) and two sureties each in the like amount to the satisfaction of the Juvenile Justice Board concerned on following conditions :-

(i) The revisionist/ father will furnish an undertaking that upon release on bail the revisionist will not be permitted to go into contact or association with any known criminal or allowed to be exposed to any moral, physical, or psychological danger and further that the father will ensure that the juvenile will not repeat the offence.

(ii) The revisionist/ father will further furnish an undertaking to the effect that the juvenile will pursue his study at the appropriate level which he would be encouraged to do besides other constructive activities and not be allowed to waste his time in unproductive and excessive recreational pursuits.

(iii) Juvenile and the revisionist/ father will report to the Probation Officer on the first Monday of every calendar month.

(iv) The Probation Officer will keep a strict vigil on the activities of the juvenile and regularly draw up his social investigation report that would be submitted to the Juvenile Justice Board concerned on such a periodical basis as the Juvenile Justice Board may determine.

Order Date :- 23.6.2025 GS/A. Singh

Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench